By Leslie J. Bollier, Board Certified in Family Law
Austin couples are increasingly building long-term relationships, purchasing homes together, raising children, and combining finances without ever having a formal wedding ceremony. But when a relationship ends, many people are surprised to learn that Texas may still consider them legally married.
For higher-income couples, business owners, professionals, and long-term partners with significant assets, the legal consequences can be substantial. Questions about real estate, retirement accounts, business ownership, custody, and support often depend on whether a valid informal marriage existed under Texas law.
At BCS Law, our Austin family law team commonly hears this question, “Are we married under common law in Texas?” Closely followed by, “What happens if we split up?”
The answer depends on specific legal requirements under Texas law and the evidence available to prove the relationship. Below, we outline how Texas courts evaluate informal marriage claims and what rights may apply after separation.
Does Texas Recognize Common Law Marriage?
Yes. Texas recognizes what the law calls an “informal marriage,” commonly referred to as a common law marriage. Under the Texas Family Code, an informal marriage is legally treated the same as a ceremonial marriage.
That means if a court determines that an informal marriage existed, the couple may need to go through a formal divorce process to divide property, resolve custody issues, and determine financial obligations.
Texas law does not require a wedding ceremony, marriage license, or formal officiant to create a valid marriage. Instead, courts look at the conduct and intentions of the couple.
The Legal Requirements for an Informal Marriage in Texas
Under Texas Family Code Section 2.401, an informal marriage may be proved either by a signed Declaration of Informal Marriage or by evidence showing three things:¹
- The couple agreed to be married
- They lived together in Texas as spouses
- They represented to others that they were married
All three factors matter. Simply living together for many years does not automatically create a marriage in Texas.
This is one of the biggest misconceptions we encounter among Austin couples. There is no “seven-year rule,” “six-month rule,” or automatic timeline that converts cohabitation into marriage.
Instead, courts evaluate the totality of the evidence.
What Counts as “Holding Yourselves Out” as Married?
One of the most heavily litigated issues in Texas informal marriage cases is whether the couple represented themselves publicly as married.
Evidence may include:
- Filing joint tax returns
- Using the same last name
- Referring to each other as spouses
- Introducing each other as husband or wife
- Naming one another as spouses on insurance or employment records
- Financial, mortgage, insurance, or employment records identifying the parties as spouses
- Social media posts or public statements
- Estate planning documents
- Beneficiary designations
Texas courts often examine emails, text messages, financial records, mortgage applications, and testimony from friends or family members.
These disputes are often highly fact-specific and may involve significant financial consequences.
Why Informal Marriage Issues Commonly Arise in Austin
Austin’s growth has created a large population of long-term unmarried couples. Many partners buy homes together in the Austin area without formalizing the relationship through a ceremony.
In Central Texas, we frequently see disputes involving:
- Jointly owned real estate
- Startup equity and stock options
- Retirement accounts
- Family businesses
- Investment portfolios
- Professional practices
- Blended families
- Long-term cohabitation with children
When these relationships end, one partner may claim the couple was legally married while the other argues they were simply dating or cohabiting.
The outcome can dramatically affect property rights.
What Happens if You Separate in an Informal Marriage?
If a valid informal marriage existed, separation is legally treated much like the breakup of a traditional marriage.
Property Division
Texas is a community property state. Property possessed by either spouse during divorce is generally presumed to be community property unless proven separate by clear and convincing evidence.²
That can include:
- Homes purchased during the relationship
- Retirement contributions
- Business income, ownership interests, valuation issues, or reimbursement claims
- Investment gains
- Vehicles
- Debt accumulated during the marriage
If one party claims an informal marriage existed, they may seek a division of assets through divorce proceedings.
This becomes especially important for older couples or professionals who accumulated substantial wealth during the relationship.
For example, if one partner helped support the other while a business expanded significantly, the growth in the business’s value could become an issue in the divorce proceedings.
Do You Need a Divorce for a Common Law Marriage?
If an informal marriage is established, the relationship generally must be ended through divorce.
Many people mistakenly believe they can simply “break up” because there was never a wedding ceremony. But under Texas law, an informal marriage is still a marriage.
That means ending the relationship may require:
- Filing for divorce
- Dividing community property
- Addressing potential spousal maintenance claims
- Resolving child custody issues
- Allocating debt
If no legal marriage existed, however, ordinary contract and property laws may apply instead.
Determining which situation applies is often the first major legal issue.
The Two-Year Rule in Texas
Texas law also creates an important timing issue when proving an informal marriage.
If neither person starts a case to prove the informal marriage within two years after they separate and stop living together, Texas law presumes they did not agree to be married. That presumption can be challenged, but it may make the claim harder to prove.
This does not automatically bar a claim, but it can make proving the marriage substantially more difficult.
For Austin couples who separated years ago but still share assets or unresolved financial issues, timing matters significantly.
Child Custody and Support Issues
Children born to unmarried parents still have legal rights regardless of marital status.
Texas courts focus on the best interests of the child when determining:
- Conservatorship (custody)
- Possession schedules
- Child support
- Decision-making authority
Even if no informal marriage existed, parents may still need court orders establishing parental rights and obligations.
However, if an informal marriage is proven, custody issues may proceed within the broader divorce case.
For established Austin families, disputes often involve:
- Private school decisions
- Relocation concerns
- Shared business schedules
- Complex parenting arrangements
- Healthcare and extracurricular expenses
Can You Register an Informal Marriage?
Yes. Texas allows couples to sign a Declaration and Registration of Informal Marriage through the county clerk.
This document serves as strong evidence of marriage and can reduce disputes over whether the relationship qualifies legally.
However, many couples never complete this process, which is why litigation frequently centers on proving the relationship through circumstantial evidence instead.
Common Misconceptions About Texas Common Law Marriage
“We lived together for years, so we are automatically married.”
False. Time alone does not create a marriage in Texas.
“We planned to get married someday.”
Planning to marry later is not the same as agreeing you are already married. Courts look for a present agreement to be spouses.
“Only formally married couples divide assets.”
If an informal marriage existed, community property laws may still apply.
“If there was no wedding, there is no divorce.”
Also false. Valid informal marriages generally require a formal divorce process to end.
Why Legal Guidance Matters in Austin Informal Marriage Cases
Disputes involving Texas common law marriage divorce claims can become highly technical and emotionally charged.
These cases often involve overlapping issues such as:
- Child custody
- Real estate ownership
- Tracing separate property
- Business valuation
- Hidden assets
- Retirement division
- Estate planning conflicts
For high-net-worth couples with complex finances, early legal analysis can significantly affect the outcome.
A family law attorney can help determine:
- Whether an informal marriage likely existed
- What evidence supports or weakens the claim
- Whether community property laws apply
- How to protect separate assets
- What steps are necessary after separation
Final Thoughts: Protecting Your Assets in a Common Law Separation
Austin’s evolving lifestyle trends mean more couples are building long-term lives together outside traditional marriage structures. But under Texas law, a relationship may still be recognized as a legally binding marriage when the required elements are present.
For couples with substantial assets, children, shared property, or business interests, waiting too long to address these issues can create significant legal and financial complications. A careful review of the facts, financial records, and relationship history can help determine whether an informal marriage existed and what rights may apply after separation.
If you are asking whether you were common law married, or wondering what rights you have after separation, contact Bollier Ciccone Stinson LLP to schedule a consultation. The BCS family law practice is led by veteran family law attorneys Leslie Bollier and Susannah Stinson, who are Board Certified in Family Law by the Texas Board of Legal Specialization.
¹ Tex. Fam. Code § 2.401.
² Tex. Fam. Code § 3.003.
About Bollier Ciccone Stinson LLP
Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.
Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.
Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas.
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